The Board has decided to remand the case for further development, including verifying whether the Veteran's cardiac surgeon was a VA employee and obtaining an addendum medical opinion regarding any additional pneumothorax or pleural effusion disability due to fault on VA's part.
The deciding factor: Further clarification is needed about Dr. Tobler’s status as a VA employee and an expert medical opinion is required to determine if the Veteran had any additional complications related to his surgery.
- Claimed conditions
- collapsed right lung, status post-operative pneumothorax, pleural effusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- 20065183
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for pleural effusion, pericarditis, chronic, lung changes, left, lung scarring, left, and pericardial effusion to obtain additional medical evidence.
- Denied
The Board denied the veteran's claims for higher disability ratings for lumbosacral strain, thoracic strain, right posterior lyric lesion SI joint, dextroscoliosis, scarring/atelectasis of left lower lobe, nonspecific mild pulmonary hyperinflation, pleural effusion, residuals of COVID-19, and unspecified anxiety disorder.
- Dismissed
The appeal for an increased rating for pleural effusion was dismissed because the veteran died while the appeal was pending.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for additional disability of the lung, including pneumothorax and pleural effusion, as a result of VA medical and surgical treatment.
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